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(영문) 의정부지방법원 고양지원 2016.07.21 2016고단1458
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2007, the Defendant received a fine of KRW 2 million as a crime of violating road traffic laws (drinking) in the Gyeyang-gu District Court's high support on November 8, 2007. On April 10, 2013, the same court received a fine of KRW 5 million as a crime of violating road traffic laws (drinking) and a violation of road traffic laws (drawing after an accident) in the same court.

Criminal facts

1. The Defendant is a person who is engaged in driving of a motor vehicle with low risk, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On May 16, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.118% during blood transfusions on May 16, 2016, while driving the said vehicle at the speed of 0.118%, and driving the road in front of the entrance of the apartment complex in the direction of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoyang-gu, Goyang-si, at the speed of the wave, toward the eline of the eline, and there is an intersection at the front side. In such a case, the Defendant had a duty of care to prevent the accident by driving the vehicle with due care for those engaged in the driving of the vehicle, while driving the vehicle in front, and

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the rear part of the Category E bus, which was a signal waiting in the front section, was driven by the Defendant’s driving vehicle.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and sustained approximately two weeks of medical treatment to the victim F (the age of 81) of the said passenger.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with low alcohol content of at least 0.118% from a 4km section from the parking lot at the time of the week set forth in the preceding paragraph to the front road of the entrance of the regradin apartment at the Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-si.

As a result, the defendant has violated the prohibition of driving under the influence of alcohol not less than twice, and is under the influence of alcohol again.

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